1-2 of 2 results for subject:"Legislative process"
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Higgins, Lord
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Higgins, Lord (2)
Answering member
Legislative stage
Legislation
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My Lords, I thank the noble Baroness the Leader of the House for that reply, but hope to persuade her to improve on it.
There is serious concern about the way in which primary legislation is now being implemented by statutory instruments which turn out to be significantly different from what was expected at the time the primary legislation was passed. For example, my noble friend Lord Kingsland has expressed reservations about the way in which the proposals to restrict trial by jury are going to be introduced. The order that is designed to cope with the prolonged protest in Parliament Square clearly goes far beyond what was expected at that time and seems clearly to be in contravention of the European Convention on Human Rights.
If your Lordships are to continue to exercise restraint in not voting against statutory instruments, would it not be appropriated for the Procedure Committee and the Merits Committee to look at the case for amendable statutory instruments?
My Lords, I thank the noble Baroness the Leader of the House for that reply, but hope to persuade her to improve on it.
There is serious concern about the way in which primary legislation is now being implemented by statutory instruments which turn out to be significantly different from what was expected at the time the primary legislation was passed. For example, my noble friend Lord Kingsland has expressed reservations about the way in which the proposals to restrict trial by jury are going to be introduced. The order that is designed to cope with the prolonged protest in Parliament Square clearly goes far beyond what was expected at that time and seems clearly to be in contravention of the European Convention on Human Rights.
If your Lordships are to continue to exercise restraint in not voting against statutory instruments, would it not be appropriated for the Procedure Committee and the Merits Committee to look at the case for amendable statutory instruments?
Asked by
Lord Higgins
(Conservative)
Oral questions - 1st Supplementary
Status
Answered
Answered on
4 July 2005
My Lords, I have to say that I do not agree with the noble Lord, Lord Higgins. In the two areas used as examples by the noble Lord, in relation to Parliament Square the Act refers to a distance of one kilometre; the proposal in the order is for 750 metres, so it is well inside the one kilometre. I am not clear how it is different from what Parliament expected when this was discussed.
On the second proposal, which relates to fraud trials, there was an undertaking to carry out consultation. As the noble Lord knows, a seminar was held, chaired by my noble and learned friend the Attorney-General, to which representatives from the legal profession, representatives in this House and opposition spokespersons in another place were invited. Options were looked at on the basis of a paper proposed by the Attorney-General’s office and a decision was reached. I do not agree with the premise of the noble Lord, Lord Higgins.
Subjects
Fraud; Juries; Legislative process; Parliament Square; Protest; Parliamentary procedure; Trials; Statutory instruments
Date
4 July 2005
Reference
673 c421-2
Chamber / Committee
House of Lords chamber
House
House of Lords
Whether, in light of recent decisions regarding the implementation of primary legislation, they will make provision in specific circumstances for amendable statutory instruments.
Whether, in light of recent decisions regarding the implementation of primary legislation, they will make provision in specific circumstances for amendable statutory instruments.
Asked by
Lord Higgins
(Conservative)
Answered by
Baroness Amos
(Labour)
Oral questions - Lead
Status
Answered
For answer on
4 July 2005
Answered on
4 July 2005
My Lords, in very exceptional circumstances, for emergency regulations under the Civil Contingency Act 2004 and the preceding Emergency Powers Act 1920, provision has been made in legislation for statutory instruments to be amendable by Parliament. In other circumstances the Government believe that to make provision for amendable statutory instruments would involve excessive complication and frustrate the purpose for which delegated powers are given.
Subjects
Legislative process; Parliamentary procedure; Statutory instruments
Date
4 July 2005
Reference
673 c421
Chamber / Committee
House of Lords chamber
House
House of Lords